Former Senator and Governor Bob Kerrey (D-NE), who supported Democratic presidential candidate former Secretary of State Hillary Clinton in 2007, and was announced as a member of her 2016 Nebraska Leadership Council stated that Hillary’s email setup was “a tragic error” designed to “circumvent” the law, and that her claim that she set up a home server for convenience was “false on its face” on Thursday’s “Mornings with Maria” on the Fox Business Network.

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Kerrey said, “[I]t’s never good to have the FBI in possession of your server, checking out what’s in it, that’s never a good set of circumstances, even if you’re not running for president. If you’re running for president, it’s not good to have it going on. And in this particular case, I do think she’s got a very difficult time explaining why you put a server in your home. And my own view of it is, it’s because you didn’t want to fulfill the requirements of the Administrative Procedure Act, especially the Freedom of Information Act. And we wouldn’t even known about were it not for the Benghazi Committee. So, I’m not a big fan of the Benghazi Committee, but they’re the ones unearthed that she had done this. And it’s — it was a tragic error. You could make a case that FOIA needs to change. You could make a case that the classification system needs to be changed, that both of them interfere with your capacity to do the job, but her response was, I just didn’t want to have two cell phones, which was, I think false on its face.”

He added, that under the law, “the public has a right to know what communications are going on. … And if you don’t want to abide by the law, it seems to me what you have — particularly if you’re secretary of state, you should make an effort to try to change the law, rather than trying to circumvent it, which I think’s what happened here.”

Kerrey concluded that while the FBI “oftentimes puts way too many resources” into trying secure indictments, “I can’t predict what the FBI’s going to do.”